Horrible ownership experience

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Old 08-02-2002, 12:00 PM
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Horrible ownership experience

I purchased a new TL-S for my fiancé for our 8th anniversary from a bay area dealership in January. In a nutshell, I was sold a vehicle that had received repair work along the driver side trunk seam, evident from the noticeable dust trapped in the paint as well as paint over spray along the interior trunk seam. In addition, the trunk itself is misaligned along this driver side seam and the trunk is difficult to close at times (you have to exert extra force).

Upon discovering the repair work less than two months later, I contacted the salesperson that sold me the vehicle and relayed to him what I had found. In response, I was informed that if in fact there had been repair work done to the car that I would receive a full refund, a new vehicle or compensation in addition to the vehicle being repaired. After waiting patiently for almost two months for Acura to send a service representative to conduct a report on the repair work in which it was officially confirmed that there had in fact been obvious repair work done on the car, I was finally contacted by the GM at the dealership. He informed me that he was aware of the report, but that since I didn’t discover the problem until two months into my ownership my request for a full refund or new vehicle would be denied; mentioning that if I had brought it to his attention within two weeks of my ownership that “something could have been done.” The Acura representative and the GM did offer to repaint the vehicle, but I declined the offer

More recently, I have been in touch with Acura Client Services who investigated the problem. It turns out that the vehicle was repainted during the manufacturing process and the trunk was misaligned from this repair (Why would the trunk need to be taken off? Did something else happen to it?). I was also told that the vehicle left the plant in good condition and I was offered the chance to have the vehicle repainted.

You might be wondering if I even inspected the vehicle when I took delivery of it. I did and having a flaw like this was my main concern. I tried my best to find any problems, but I obviously did not do a good enough job. I was about to inspect the problem area, but I got sidetracked when my salesperson came out and I told him about a hard to find door ding that I had found. The door ding was fixed and I regret not refusing this vehicle from the beginning.

I don’t feel that repainting the vehicle is a fair solution because this vehicle shouldn’t have been sold as new (California vehicle code 9990 prevents dealerships from selling vehicles as new if it has sustained more than $500 in damages… I still have to look into the specifics of this law). Will the paint match perfectly? What if there are problems with the paint down the road? What about the resale value?

I’m getting married in a week and I’ll decide on a solution afterwards, whether it be seeking legal counsel or repainting the vehicle and selling it. Unfortunately, this experience has been a nightmare and it has taken the enjoyment of out of owning such a nice vehicle. I have always supported the Honda brand, but I can no longer support a company that does not accept responsibility for its mistakes.

My advice is to check every crevice of your vehicle before taking delivery of it. My friend did this when he picked up his frontier and the salespeople thought he was nuts. Unfortunately, it’s something that you have to do even when purchasing a new vehicle.

Let me know what you think of this situation… good or bad.

http://briefcase.yahoo.com/bc/longha...r=/tls&.view=l
Old 08-02-2002, 12:16 PM
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Here's a link to the pictures... just realized yahoo won't let you see the full image unless you're a premium subscriber.

http://imageevent.com/lerncmptrs/haistls?n=0
Old 08-02-2002, 12:26 PM
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If you can prove the dealership or Acura had prior knowlege the car was damaged, & repainted, & still they sold it as new, in my book that's against the law. You should contact a lawer, & sue. Even if you get a lawer, go to the dealer, & threaten to sue, you might get a new car or refund.
Old 08-02-2002, 08:28 PM
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In a nutshell, the car should look good and work right. I would take it back to the dealer and have them adjust the trunk so that it closes easily and make sure the seems are even. Overspray inside a trunk doesn't bother me. The paint outside the car should match the surrounding area. The dealer is probably saying "How much could it bother you if you took two months to tell us?" Some time after leaving the factory your car may have been backed into by another car on a lot somewhere. This is unfortunate; as long as they get you back to normal I'd be happy. Me, I don't lose sleep over the unending legalities of it all or absolute manufacturing perfection, nonetheless good luck.
Old 08-03-2002, 03:38 AM
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Fack,
I think it would be a mistake to blame the entire brand, what confuses me is did you take this up with Acura Acura or Acura dealership only? If you only took this up with the Acura dealership only, then most definitely get Acura Acura involved. But if Acura itself is involved and not doing anything satisfactory, then yes you are valid to say that you will no longer support them. Try another dealer and see what they say.
Old 08-04-2002, 08:59 PM
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Don't waste any more time with the dealer or Acura. This is exactly what you need to do next:

Write a letter to your state's Attorney General's office, and any DMV dealer regulatory agency, wouldn't hurt to include the Better Business Bureau as well.

Detail the problem exactly as you did here, and include the pictures, and every comment made by any Acura representative acknowleging the problem - this includes the dealer.

End the letter by saying that you were clearly deceived by the dealership, and that they are now refusing to correct the problem or to offer you a >mutually agreeable< solution.

Make copies of this letter, and send the copies to the owner of the dealership (skip the GM - get the owner's name from the receptionist), and Acura Customer Service.

90-95% chance this will get you the fix you want.

If not, then you make it clear that unless the dealership fixes the problem, legal action is the next step. Lawsuits cost money, and will cost the dealership more money than fixing the problem properly or getting you the flawless NEW car you thought you bought.

Your state's bar may have a program where you can get some low cost legal advice for $25, and an attorney referral as well.
Old 08-05-2002, 02:59 AM
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quit your *****ing and get the entire car repainted at their cost.
Old 08-05-2002, 07:08 AM
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Hi Fack,

I to am having problems with a Bay Area Acura dealer so I would sure like to know which one you're dealing with. Since you didn't post the name of the dealership would you mind sending me an e-mail with the name? Maybe we can compare notes. My e-mail address is listed below, but if you don't feel comfortable sending me the name I understand.



jimj@mygarage.com
Old 08-05-2002, 12:12 PM
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Originally posted by AK_MOBBER
quit your *****ing and get the entire car repainted at their cost.
No no no Do not accept a paint job of the entire car as it will NEVER be as good as the origional. I would go back to the dealer and ask for a new vehicle less the miles you put on your car.

I would be a complete a** until they did something. After that if the dealer is still not helping, go to Acura direct and whine like a pig.

This is not right and they should have disclosed this to you before you bought it.
Old 08-05-2002, 01:51 PM
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It is illegal to sell a damaged car as new. A couple of years ago BMW got crushed with a lawsuit over a 5 series being sold as "new" when it had been repaired. Long story short, the guy got a new car and BMW was slapped with a huge punitive fine. I would talk to a lawyer sooner rather than later. Good luck.
Old 08-05-2002, 05:45 PM
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Originally posted by Acura_Fan
It is illegal to sell a damaged car as new. A couple of years ago BMW got crushed with a lawsuit over a 5 series being sold as "new" when it had been repaired. Long story short, the guy got a new car and BMW was slapped with a huge punitive fine. I would talk to a lawyer sooner rather than later. Good luck.
You mean this lawsuit?
BMW Lawsuit

Hi all,

I'm a buddy of that facker up there. The spots are pretty bad and the area where they masked off to repaint is very evident. IF it were purely cosmetic then yes, maybe a small repaint would do. The problem is that Acura does have a record of *something* happening at the factory to it, but they refuse to say what caused it. What happens if after 3 years, something happens to the car related to the damage incurred at the factory?

So far both AHM & the Acura dealership have been unwilling to do anything but offer the repainting, which is totally unacceptable.

He gave them the chance to correct the situation, even going so far as to offer the dealership more $$$ to get into the "new" car that he was entitled to but they have been stuck on repainting. Looks like the next step is to go to
Old 08-05-2002, 08:16 PM
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Fack, You're a Bay Area guy. Get a hold of the Contact 4 guys from channel 4. They have a GREAT success rate at getting money or a deal made from big companies. You can see some of their stories at this URL:

http://www.kron.com/Global/category....19078&nav=5D7v

And you can write them with your information and what has happened to you here:

http://www.kron.com/Global/story.asp...9&nav=5D7v5HJU

Nothing like having a TV station fighting for you!

Try it, they really do a good job!

-RafConTLS
Old 08-06-2002, 03:27 AM
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what the!? has summed it up... thanks buddy. I've been so busy with the wedding and I haven't had a chance to reply.

I've tried everything imaginable in order to resolve this issue in a fair manner out of court, including trying to get this story on TV!

I’ve done the following:
- informed both the dealership and Acura that I was sold a vehicle that had been repaired... they are only willing to repaint the vehicle. I was told that the only way I would get a refund is by going to court.
- filed a complaint with BBB... the dealership has a history of not responding to consumer complaints so I wasn't surprised when they continued this trend. A lesson I've learned from this experience is to look up the BBB record of a dealership and never buy a vehicle from a dealership with a poor record.
- filed a complaint with DMV investigations office
- contacted the local news station to get this story on TV (KRON and 7 on your side)
- wrote letters voicing my concerns and the way I have been treated to the President of Honda Japan, VP of American Honda and Honda's Manager of Consumer Affairs

After all this, I am back where I started. I didn't want to hire a lawyer until it was absolutely necessary. So it's either get a lawyer and take legal action or bend over so they can repaint my car.

Considering the time and energy needed to take this to court, what would you do if you were in my situation? Would you accept a settlement if you took legal action or would you rather have the jury decide?

JasonT,
There's no way of proving prior knowledge so let's assume that they were not aware of the problem (but I'm sure the person who inspected the vehicle after it was repaired was aware of the problem). Is there a difference between selling the vehicle with the problems described without disclosing it to the consumer and being informed of the problems and not doing anything about it (besides repainting it)?

chuckstl,
I have taken it to the dealership and the Service Manager tried fixing the trunk on the spot but was unable to. The Acura Rep. I spoke to said that the trunk did not sit properly on the body and that was why it wasn't closing properly. He also said they need to raise a portion of the seam (body) to fix it. I was never accused of causing this problem and they have evidence of repair work done at the factory. I wish I could take your advice and "not lose sleep" over this situation, but I paid for a brand new vehicle. Although I do not expect a vehicle without any flaws, I shouldn't be expected to accept one that had been repaired. If I were told of this flaw, I wouldn't have purchased this vehicle even if they knocked off 5k from the purchase price.

peiqinglong,
I've always purchased Honda vehicles before this incident and to be honest they were my only choice because I liked the brand that much. But after this experience I don't know if I can ever buy a new Honda vehicle. I wish I did not have to consider boycotting their product, but I feel it's something that I must do.

Xorg,
I have made it clear that I will seek legal action and they have made it clear that they do not care.

AK_MOBBER,
That's something that I should consider if I repaint the car... at least we’d both be screwed <img src="images/icons/icon12.gif" alt="Smile" border="0">.

jimj,
I sent you an email.

BLEXV6,
Agreed, the original paint is always better.

Acura_Fan,
Thanks for the info. what the!? posted this problem on s2ki and someone from that forum posted a link to the case.

RafConTLS,
I really wanted to be on TV!!! Oh well.
Old 08-06-2002, 07:38 PM
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Sounds like you've covered a lot of bases, but one place you didn't mention is your state's Attorney's General office. :-)

They WILL investigate.

Also, did you cc: all of your letters to the dealership and Acura corporate?

This is critical - they need to see in writing what you're doing and how serious you are - this is why:

If you send these copies to them *in writing* and threaten legal action and to bring state agencies into the process, the dealership (if they're smart) will forward your compliant and documents to their lawyer/law firm.

Odds are very good that the lawyer will advise the dealership to avoid any more negative action.

If not, once you get their lawyer involved, the dealership has to pay to address the problem - since their lawyer's clock is now ticking.

What you're trying to do is skip everyone in the process (they're all a waste of time at this point) except for the owner of the dealership and their attorney.
Old 08-06-2002, 07:40 PM
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One other point...

Remember that you can contact your state's bar association, and for around $25 you can get an hour's worth of "free" legal advice and a referral to an attorney who has expertise in handling this kind of case.

Is this worth it? I say hell yeah. This is a $30,000 car, and it could very well be the best $500 you spend on it.
Old 08-08-2002, 04:01 PM
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Xorg,

I'll definitely seek legal advice thru the bar association and contact the Attorney's General office.

Any tips on finding a good lawyer?
Old 08-09-2002, 08:54 AM
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Fack,

I'm not sure about the laws in Calif... but I can tell you what happen to my friend. He purchased a truck from a Dodge dealership. He found out a couple of months later that it had been damaged. I won't go into details. Anyway, he went to the dealer and asked for another truck after they confirmed it had been damaged. They said no. Like who doesn't the first time. Anyway, he left and got some legal advice. He then had a Lawyer send some letters stating that they were going to take them to court for deceptive trade practices. I don't know if they did much else but he did get a substancial discount and a different truck. But all I know is the letter got things rolling. I don't see why you couldn't get a new vehicle out of it.

Something similar happened to my friend with his accord. Apparently they burnt through his clear coat on the back left quarter panel some how before delivery to my friend. He didn't know for a year or so when that area didn't shine anymore. Another one of our friends is a paint guy and said they just resprayed over it and re cleared it. He said that happens all the time. Well he got them to repaint for free. When he got it back he inspected it and it had some flaws so they redid it again. He also had it documented that they caused this problem and corrected it. The reason why, was because he was planning to trade it in on an S2000, and he didn't want them to say it was repainted, and inturn not give him as much for the trade.

I would definitely try the deceptive trade practice route. You can't say no one new. It's documented at the factory. PLEASE! I would also try a deminished value claim as well. You can't say that some one is willing to pay the same for that vehicle as say one that hasn't been damaged. Good Luck to you and keep us informed. I'm terribly sorry your having to go through this. I'm sure it's hell. You can beat this though! Just like other big Corps. they are hoping you walk away, but don't. BTW you could always try a lemon law thing if they can't fix the truck correctly. My dad got a new vehicle because it sagged on on side. They tried and tried to correct it but couldn't. So they gave him a new vehicle. Congratulations on the marriage, and good luck.

Jeremy
Old 08-10-2002, 10:55 PM
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Bingo - the key is to get lawyers involved - doesn't take much to get a letter written, and once there is a complaint in writing and the dealership's lawyers have to get involved to reply - I think you'll start to hear a different tune.

Best advice on finding a good lawyer is to contact the bar, see who you get, and simply ask for attorneys who have experience going after car dealerships. You'll likely get a small practice or solo who likes to do consumer protection cases.

Also wouldn't hurt to just call a lawyer or two in your neighborhood and ask for a referral - most local attorneys will have no problem telling you who is good and who is bad in your area.

Find an attorney who will cap their fees - you should have no problem finding someone who will ask for a reasonable retainer ($200-400), and this really shouldn't be more than this amount of work.
Old 08-11-2002, 08:30 AM
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Originally posted by Acura_Fan
It is illegal to sell a damaged car as new. A couple of years ago BMW got crushed with a lawsuit over a 5 series being sold as "new" when it had been repaired. Long story short, the guy got a new car and BMW was slapped with a huge punitive fine. I would talk to a lawyer sooner rather than later. Good luck.
And now, for the rest of the story....

You got it right, but wrong. This was a case in Alabama, a notrious lawyer friendly state. The award you mentioned wasa thrown out on appeal as ridiculous. The actual awrd was for non-disclosure of the repairs.

It is common, and perfectly LEGAL I MIGHT ADD, for cars to be damaged during manufacture and or transport. Assembly line repairs are made all the time. In the cae of BMW, the cars are inspected at the receiving ports, and corrected as needed.

In the Alabama case, due to the extent of the repaint, the appellate court ruled that disclosure should have been made, and made a greatly reduced award on that basis. BMW will now inform the buyer and g a signature.

Now, in this case, it would appear that the quality ofr the repair is in dispute - but of course, you had the opportunity to inspect it (in the Alabama case, the dentist did not detect the repair at all - he drove it a long time before his mechanic did).

I would work with Acura and perhaps contact an attorney in your area acquainted with the case law here. Web "experts" often come up short, as they have in this thread for the most part.
Old 08-12-2002, 05:36 PM
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You wanted,needed,deserved, & paid for a new car right! So you better get one, PERIOD... As long as your professional about it & dont sock out the GM then most likely you will have a new car after many headaches,letters & phone calls.
Old 08-12-2002, 05:58 PM
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Re: Horrible ownership experience

Legally, the dealer must tell you if the car had been wrecked or damaged in any way and was repaired. It is against the LAW to not tell the consumer. You can sue them badly, even if its been 2 months.

When you trade in your car, they ask you a simple question, has the car ever been wrecked. You say yes or no, well that is telling them the truth, if they catch you lied, they can easily take you down, or not sell you the car. Just some advice, I would go after them.
Old 08-13-2002, 10:15 AM
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if the paint is fine and the car looks good then just have the realign the trunk and give you a free body kit. It will cost them less then a full paint job. And let them know like that.
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